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Timothy E. Warriner 

Attorney at Law

1725 Capitol Ave.

Sacramento, CA 95814

(916) 443-7141

Attorney for defendant,

MACLOVIO ACOSTA

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, ) No. 2:04-cr-0389-MCE

)

Plaintiff, ) STIPULATION & ORDER

) CONTINUING MOTION 

v. ) HEARING DATE AND

) EXCLUDING TIME

MACLOVIO ACOSTA, et al., )

)

Defendants. )

____________________________________)

The parties hereby stipulate to the following:

1. This case is presently set for a non-evidentiary motion hearing on June 13,

2006. 

2. In order to afford defense counsel additional time to prepare pretrial

motions, the parties hereby stipulate to the following motion date and

briefing schedule: motions due May 15, 2006; government’s opposition

due June 30, 2006; defendants’ reply briefing due July 13, 2006; nonevidentiary motion hearing on July 18, 2006.

3. Preparation of pretrial motions, specifically a motion to suppress wiretap

evidence, is time-consuming and complex due to the number of

documents involved (approximately 3,000 to 5,000 pages of discovery to

review) as well as the fact that many of the calls are in Spanish. For that

Case 2:04-cr-00389-MCE Document 176 Filed 04/19/06 Page 1 of 3
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reason, all counsel request that time continue to be excluded until the date

of the hearing for preparation of counsel pursuant to local code T4. 18

U.S.C. 3161(h)(8)(B)(iv).

DATED: April 14, 2006 /s/ Tim Warriner

Attorney for defendant, 

MACLOVIO ACOSTA

DATED: April 14, 2006 /s/ Steven D. Bauer, 

Attorney for defendant,

ADAN AYALA, JR.

DATED: April 14, 2006 /s/ Fred Neal Dawson

Attorney for defendant,

MARIA HERNANDEZ

DATED: April 14, 2006 /s/ James Ralph Greiner

Attorney for defendant,

LEEANN SALAZAR

DATED: April 14, 2006 /s/ Dina Lee Santos

Attorney for defendant,

RANDAL GATH

DATED: April 14, 2006 /s/ Dwight M. Samuel

Attorney for defendant,

OSCAR SANTANA

DATED: April 14, 2006 /s/ Randal Ensminger

Attorney for defendant,

VICENTE OCADIO

DATED: April 14, 2006 /s/ Lindsay Anne Weston

Attorney for defendant,

MARCALYN MORRIS

DATED: April 14, 2006 /s/ Phillip Allen Talbert

Assistant U.S. Attorney

Case 2:04-cr-00389-MCE Document 176 Filed 04/19/06 Page 2 of 3
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ORDER

GOOD CAUSE APPEARING, it is hereby ordered that the non-evidentiary

motion hearing set for June 13, 2006 is vacated and is reset to July 18, 2006 at

8:30 a.m.. Defendants’ motions are due on May 15, 2006; government’s

opposition is due on June 30, 2006; defendants’ reply briefing is due on July 13,

2006. Time will continue to be excluded to July 18, 2006 for preparation of

counsel pursuant to Local Code T4, 18 U.S.C. 3161(h)(8)(B)(iv).

.

DATED: April 18, 2006

___________________________________

MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

Case 2:04-cr-00389-MCE Document 176 Filed 04/19/06 Page 3 of 3